Instructions For Application To Register Permanent Residence Or Adjust Status (Form I-485) (Page 20 of 42) in pdf

Additional Instructions

The purpose of these additional instructions is to provide more specific information on each immigrant category. You

must read the additional instructions that apply to your specific immigrant category as well as the previous main

instructions for Form I-485. If your immigrant category is not discussed here, it is because there are no additional

instructions for that category.

Additional Instructions for Family-Based Applicants

Immediate relative of a U.S. citizen (Form I-130, Petition for Alien Relative)

Immediate relatives of U.S. citizens include the following relatives of U.S. citizens: spouses, unmarried children under 21

years of age, and parents (if the U.S. citizen is 21 years of age or older).

Immediate relatives do not have to wait until Form I-130 is approved to file Form I-485. You may file your Form I-485

together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved. Immediate relatives

always have a visa available once Form I-130 is approved.

Derivative applicants are not allowed in this category.

Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based

preference categories (Form I-130)

Family-based preference categories include: unmarried sons and daughters (21 years of age and older) of U.S. citizens;

spouses, unmarried children (under 21 years of age) and unmarried sons and daughters (21 years of age and older) of

lawful permanent residents; married sons and daughters of U.S. citizens; and brothers and sisters of U.S. citizens (if the

U.S. citizen is 21 years of age or older).

If a visa is immediately available, applicants filing under a family-based preference immigrant category do not have to

wait until Form I-130 is approved to file Form I-485. If a visa is immediately available, you may file your Form I-485

together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved. Otherwise, you may

file your Form I-485 only after your Form I-130 is approved and a visa is immediately available. See the When Should I

File Form I-485 section for more information.

Person admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen (Form I-129F)

(K-1/K-2 nonimmigrant)

Nonimmigrant fiancé(e) beneficiaries of Form I-129F always have a visa available, but may file Form I-485 only after

marrying the U.S. citizen (Form I-129F petitioner) within the requisite 90-day period after admission to the United States

on a K-1 visa.

In addition to the evidence listed in the What Evidence Must You Submit with Form I-485 section, you must submit

a copy of the marriage certificate to show that the K-1 nonimmigrant fiancé(e) married the U.S. citizen (Form I-129F

petitioner) in the 90-day period. This additional requirement applies to both K-1 principal and K-2 derivative applicants.

Form I-485 Instructions 06/26/17 N

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Instructions For Application To Register Permanent Residence Or Adjust Status (Form I-485) Page 20